Open consultation

The family test: a fairer end to relationships

Published 5 June 2026

A consultation on reforming financial remedies on divorce and strengthening protections for cohabitants at the end of their relationship

Introduction

1. The Family Test ensures that the impact on families is considered when the Government develops policies. This includes all types of family relationships and structure, including extended families, with a particular focus on children and their parents who may be living together or living apart.

2. This Family Test accompanies a consultation document which is seeking views on reform across three connected areas: the law of financial remedies on divorce and dissolution, protections for cohabitants on separation and inheritance provision for cohabitants on death.

The Policy Background

3. The consultation brings together three areas of reform that affect families at the end of relationships, whether through separation or death. Each area raises distinct issues, but each can affect family stability, financial security and children’s wellbeing at times of stress and transition.

Financial Remedies on Divorce

4. When a married couple divorces, or a civil partnership is dissolved, the court can decide on a division of assets using a specific statutory framework. In 2023, there were 103,816 divorces and dissolutions in England and Wales and in 2025 around 50,000 people applied to the court to make financial remedy applications.^{[footnote 1]} These figures highlight the importance of a framework that is accessible, easy to understand and supports fair outcomes when relationships end.

5. However, the current law is highly discretionary, which can make outcomes difficult to predict and inconsistent across cases. This unpredictability can hinder couples from negotiating fair settlements and planning their financial futures, while also increasing disputes and court time. The Law Commission raised concerns that this lack of clarity risks undermining confidence in the rule of law.

6. The consultation therefore seeks views on proposals to codify aspects of financial remedies law in order to improve accessibility and clarity, alongside targeted reform in specific areas, including the introduction of qualifying nuptial agreements. This new model would be a “codification-plus” model.

Protections for Cohabitants on Separation

7. When cohabitants separate, there is no equivalent overarching statutory framework to divide the couple’s property and money as there is on divorce. Instead, cohabitants may need to rely on complex and costly property and trust law routes that were not designed to deal with relationship breakdown. This is an increasingly significant issue given the growth in cohabiting families, which now number around 3.5 million in 2025, more than double the figure 30 years ago.^{[footnote 2]}

8. The impact of limited protection can fall most sharply on those who are economically vulnerable, particularly where caring responsibilities have reduced earning capacity, with knock on effects for children. For example, 54.7% of 25 to 49 year old women (vs.13.3% of men) were economically inactive in the UK because they were looking after their home or family in the 12 months to September 2025.^{[footnote 3]} A lack of protection can also aid perpetrators of domestic abuse and make it harder for victim-survivors to leave the relationship due to economic dependency on the perpetrator.

9. A misunderstanding of the law can exacerbate these issues; almost half of people (47%) wrongly believe that living together creates a “common law marriage” which provides protections in the case of separation or bereavement.^{[footnote 4]}

10. The consultation therefore seeks views on proposals to introduce a new statutory framework of rights and protections for eligible cohabitants on separation, with clear eligibility criteria and safeguards, providing proportionate protections that remain distinct and narrower than divorce.

Inheritance Provisions for Cohabitants on Death

11. When a cohabiting partner dies, the surviving partner currently has no automatic entitlement under the intestacy rules, regardless of the length or stability of the relationship. This gap in protection can place surviving partners, particularly those who were economically dependent or caring for children, at immediate risk of losing their home or access to shared resources. It also means that children’s housing, schooling and daily routines may be disrupted simply because their parents were not married, creating unequal outcomes.

12. The main route to financial provision is a claim under the Inheritance (Provision for Family and Dependants) Act 1975. These claims can require lengthy and costly litigation, often at a time of bereavement. Establishing eligibility, the nature of the relationship and the extent of financial dependency can be especially difficult where evidence is contested or where family dynamics are complex, including blended families. These difficulties can increase conflict between surviving partners and other beneficiaries, including children and can delay estate administration for extended periods.

13. This consultation seeks views to strengthen inheritance provision for cohabitants by providing clearer, more accessible routes to automatic provision for qualifying partners, while balancing the interests of existing beneficiaries. These proposals are based on a report from the Law Commission in 2011 which advocated for reformed inheritance rights for cohabitants.

Policy Aims

14. The policy aim behind the consultation is to seek views on reforms that strengthen the legal framework for families when relationships end, so that it is clearer, more navigable and better aligned with modern family life. The proposals are intended to support fair outcomes and to reduce avoidable conflict and hardship at moments of separation and bereavement.

15. These proposals also support the Government’s manifesto commitment to “strengthen the rights and protections for women in cohabiting relationships”, as part of its wider work to tackle violence against women and girls, including domestic abuse (and economic abuse).^{[footnote 5]}

16. While the consultation considers three different aspects of the law, it is underpinned by four key principles:

i. Prioritising fair outcomes for children: Placing children’s welfare at the centre of decision making by ensuring they are the court’s first consideration, regardless of their parents’ marital status, to support their stability and financial security. ii. Protecting the vulnerable: Strengthening safeguards for those most at risk of harm or financial insecurity at the end of a relationship, including women, children and victim‑survivors of domestic abuse, including economic abuse. iii. Providing a clear and accessible framework: Ensuring the new cohabitation framework and the law of financial remedies on divorce and dissolution is easy to understand, with more predictable outcomes, reducing conflict and unnecessary litigation and improving public awareness in the law and confidence in the system. iv. Preserving the distinct status of marriage: Ensuring protections for cohabitants are proportionate, targeted and clearly differentiated from the full legal consequences of marriage, maintaining marriage as a distinct institution.

Which aspects of the policy impact on families?

17. These reforms have the potential to affect all families across England and Wales because the consultation covers reforms to the legal framework that applies when relationships end, whether through divorce, separation or death and it considers the position of both married and unmarried couples.

18. The policy will affect married couples and civil partners who are divorcing or dissolving their civil partnership, because the consultation seeks views on reforms to financial remedies law, including proposals to codify aspects of the law as well as other reforms including proposals to introduce qualifying nuptial agreements, which may affect how separating couples understand and resolve financial arrangements.

19. The policy will impact unmarried couples because the consultation seeks views on strengthening protections for cohabitants both on separation and when a partner dies. The aim is to strengthen protections for those within cohabiting relationships and where relevant their children, in a way that is proportionate and remains distinct from divorce.

The Family Impact Test Questions

Question 1: What kinds of impacts might the policy have on family formation?

The proposals in this consultation concern rights and protections when relationships end, rather than altering how relationships are entered into and they are not expected to have a significant impact on whether people choose to form relationships, cohabit, marry or have children.

Proposals on reforming the law of financial remedies on divorce relate to the financial consequences of divorce rather than decisions about entering marriage; people do not generally enter marriage anticipating divorce. Cohabitation reform is also not expected to deter couples from marrying or to otherwise negatively affect overall patterns of family formation. Since 1996, the number of cohabiting couples in the UK has more than doubled, from just under 1.5 million to around 3.5 million in 2025 and projections suggest that one in four families could be cohabiting by 2031.^{[footnote 6]} This reflects long-term social change rather than any specific policy decisions. We do not expect that this projection will alter as a result of the proposals in this consultation.

The number of weddings taking place annually in England and Wales has fallen by around a quarter in the last 30 years, a trend mirrored across the western world where marriage rates have declined steadily since the early 1970s.^{[footnote 7]} Studies indicate that introducing legal protections for cohabitants does not reduce marriage rates, even where reforms grant rights equivalent to those of married couples.^{[footnote 8]} We therefore do not anticipate that this policy will impact the proportion of couples who get married, particularly given we are proposing conferring narrower rights for cohabitants than what is available on divorce.

The Government remains clear that marriage is, and will remain, one of our most important institutions. These proposals do not replicate the full legal consequences of marriage; they provide proportionate protections for qualifying cohabitants while preserving the distinct status of marriage. Cohabitation reform will not infringe on the ability for couples to marry; its purpose is to provide a fair level of protection for those who have been in long-term, interdependent and committed relationships, reflecting the reality that family structures have changed while maintaining marriage as a distinct and valued institution.

Question 2: What kind of impact will the policy have on families going through key transitions such as becoming parents, getting married, fostering or adopting, bereavement, redundancy, new caring responsibilities or the onset of a long-term health condition?

The proposals in this consultation will primarily affect families at the point of separation and at bereavement, because they will reform the legal frameworks that apply when relationships end, whether through divorce, separation, or death. These are periods when families can be particularly vulnerable, especially where children are involved.

For divorcing couples, the current law of financial remedies is highly discretionary and can be difficult to navigate, which can make outcomes harder to predict and contribute to disputes becoming protracted and costly. The consultation therefore seeks views on proposals to improve the clarity and accessibility of financial remedies law, with the intention of supporting fairer and more predictable outcomes on divorce, reducing the risk of prolonged, adversarial, costly disputes.

For cohabitants on separation, the absence of a bespoke statutory framework can mean non‑financial contributions to the relationship, such as childcare, are largely unrecognised. This disproportionately affects women, who are more likely to have reduced earnings and pensions due to caring responsibilities, leaving them vulnerable on separation. The consultation therefore seeks views on introducing a statutory scheme for eligible cohabitants that provides proportionate protections while remaining distinct and narrower than on divorce.

The consultation also seeks views on reforms to inheritance provision for cohabitants, including intestacy and family provision, aimed at reducing uncertainty and the need for costly litigation where a partner dies.

Overall, the proposals will have a positive impact as they are intended to strengthen protections and improve clarity for families at these key transition points, helping to reduce avoidable conflict and hardship.

Question 3: What impacts will the policy have on all family members’ ability to play a full role in family life, including with respect to parenting and other caring responsibilities?

The proposals in this consultation are most likely to affect family members’ ability to play a full role in family life where relationships end and caring responsibilities need to be kept.

The clearest impact arises from the proposals for cohabitants on separation, because the absence of a bespoke statutory scheme can leave unpaid care and other non‑financial contributions unrecognised, increasing financial insecurity for the economically weaker partner and undermining the stability needed to support ongoing parenting and caring roles.

Introducing a statutory scheme for eligible cohabitants is intended to provide a clearer route to remedies that can better reflect needs generated by caring responsibilities and support stability for children by improving the financial security of the person with primary caring responsibilities. We anticipate that introducing a framework of rights for cohabitants on separation will strengthen family members’ ability to play a full role in family life. It should mean that the children of cohabitants are better protected and primary caregivers to children are more financially supported through their future needs being met.

The consultation also includes reforms to financial remedies on divorce and to inheritance provision for cohabitants on death. These proposals are not expected to change caring roles directly, but improving clarity and accessibility in financial remedies law may reduce the risk of protracted disputes and clearer routes to provision on death may reduce disruption for bereaved families where a surviving partner has ongoing caring responsibilities.

Question 4: How does the policy impact families before, during and after couple separation?

This policy will be most relevant during and after separation, because that is when families need to make arrangements about their children and their finances. However, the proposals may also have some impact before separation, to the extent that clearer rules and information may help couples understand the legal position in advance and make informed decisions about their arrangements.

During separation, the proposals are intended to make it easier for families to understand the legal framework and resolve financial arrangements more efficiently. For divorcing couples, reforms to financial remedies law are aimed at improving clarity and accessibility so that parties can better understand likely outcomes and negotiate settlements with greater confidence, reducing the risk that uncertainty contributes to disputes becoming protracted and costly. For cohabitants, the proposals are intended to introduce a statutory framework for eligible couples at separation where none currently exists.

After separation, the proposals are intended to support fairer and more predictable outcomes for families, particularly for women in cohabiting relationships, and their children, who are more often disproportionately affected by the limited protections available under the current law.

Question 5: How does the policy impact those families most at risk of deterioration of relationship quality and breakdown?

For divorcing couples, proposals to improve the clarity and accessibility of financial remedies law are intended to reduce uncertainty and the scope for protracted disputes, supporting earlier resolution and smoother transitions to independence after separation. Clearer law can help couples understand the framework and settle arrangements more constructively, which may be particularly important for families already experiencing high conflict.

In relation to cohabitants, a key aim of this policy is to introduce a framework of rights and responsibilities for qualifying cohabitants at the point of relationship breakdown. This should provide greater stability and security for the more vulnerable party in the relationship and support fair outcomes which meet the needs of both parties at a time when the family may be under particular strain.

An objective of meeting the needs of both parties, including being the primary care giver to a child, will support parenting arrangements and will better maintain the standard of living of any children within the relationship. We also hope that a framework of rights will provide greater certainty for those families at risk of relationship breakdown, helping to foster a more certain and stable environment.

The limited existing set of financial protections for cohabitants also makes cohabiting victim-survivors more susceptible to economic abuse as perpetrators can force their partner into financial dependence and make them unable to leave the relationship due to both a lack of resources and an inability to seek financial redress through the court. We hope that cohabitation reform will give greater opportunity to redress economic imbalance, providing greater support for victim-survivors of domestic abuse, including economic abuse.

Are the impacts appropriate and justified?

Yes. The existing financial protections for cohabiting couples are very limited, and the weakness of these protections disproportionately affects women, children and the vulnerable, including victim-survivors of domestic abuse, including economic abuse. With the number of cohabitants in the UK having more than doubled over the past 30 years, it is important that the law reflects the society in which we now live. That is why the Government set out in its manifesto a commitment to strengthen the rights and protections available to women in cohabiting couples and why we are issuing this consultation as a means of delivering this manifesto commitment.

In relation to financial remedies on divorce, the impacts are also appropriate and justified. The current framework can be difficult to navigate in practice and, because it is highly discretionary, outcomes hard to predict. This uncertainty can make it harder for couples to reach agreement and can contribute to disputes becoming protracted and costly, which can in turn increase conflict at separation. Consulting on proposals to improve clarity and accessibility, through possible codification of aspects of the law, is therefore justified to consider how the framework can better support fair and more predictable outcomes, while retaining the court’s ability to respond to individual circumstances.

Ministry of Justice June 2026

1. Office for National Statistics, Divorces and dissolutions in England and Wales: 2023 (2 July 2025) ‘;Ministry of Justice, ‘Family Court Statistics Quarterly: October to December 2025’ (GOV.UK, 26 March 2026) . ↩

2. Office for National Statistics, Families and households (dataset, 17 April 2026). ↩

3. Nomis (Office for National Statistics), Nomis – Official Census and Labour Market Statistics. ↩

4. John Curtice et al (eds), British Social Attitudes: The 36th Report (NatCen Social Research 2019). ↩

5. Labour Party, Labour Party Manifesto 2024 (Labour Party 2024). ↩

6. Office for National Statistics, All data related to Families and households in the UK: 2025 (17 April 2026).; “families” is defined as a married, civil partnered or cohabiting couple with or without children, or a lone parent with at least one child, who lives at the same address; children may be dependent or non-dependent.; Law Commission, Cohabitation: The Financial Consequences of Relationship Breakdown (Law Com No 307, 2007, Cm 7182) para 1.10. ↩

7. Office for National Statistics, Marriages in England and Wales: 2023 (dataset) https://www.ons.gov.uk/peoplepopulationandcommunity/birthsdeathsandmarriages/marriagecohabitationandcivilpartnerships/datasets/marriagesinenglandandwales2013; Bastian Herre, Veronika Samborska, Esteban Ortiz‑Ospina and Max Roser, Marriages and Divorces (Our World in Data, first published July 2020, last revised February 2025). ↩

8. Kathleen Kiernan, Anne Barlow and Rosangela Merlo, ‘Cohabitation Law Reform and its Impact on Marriage’ (Family Law, 19 December 2006) https://www.familylaw.co.uk/news_and_comment/cohabitation-law-reform-and-its-impact-on-marriage pg 1074-6. ↩